If you have been injured in a car accident with an uninsured driver, you may be wondering how to seek compensation. In order to do so, the third party will need to be at least partially at fault for the accident. Generally, when you make a personal injury claim following a road traffic accident, you would do so against the at fault driver whose insurance would cover the compensation. However, in cases where the driver is uninsured, you could still be able to seek compensation by making your claim for a personal injury via the Motor Insurers’ Bureau (MIB). The MIB provides those who have been involved in a road traffic accident with an uninsured or untraceable driver, a way to pursue their claim.
Making A Claim After An Car Accident With An Uninsured Driver
As you move through our guide, you will find information on the eligibility criteria that must be met in order for you to have valid grounds to pursue compensation as well as the limitation period for starting legal proceedings.
Furthermore, we will discuss personal injury settlements, including what they could consist of and how they may be calculated.
Finally, you can find information on how a solicitor could help you with your claim and assist you in seeking compensation.
To learn more, you can:
- Call us on 0113 460 1216
- Enquire about making a claim via the contact form
- Discuss your case with an advisor via the live chat function below.
Choose A Section
- When Can You Claim For An Injury Sustained In A Car Accident With An Uninsured Driver?
- How Could You Suffer An Injury In A Car Accident?
- Compensation You Could Receive From An Uninsured Driver Claim
- What Evidence Could Help Support MIB Claims For An Accident With An Uninsured Driver?
- Use Our Panel Of No Win No Fee Road Traffic Accident Solicitors To Claim Compensation
- Learn More About The MIB Claim Process
When Can You Claim For An Injury Sustained In A Car Accident With An Uninsured Driver?
In order to begin a personal injury claim following a road traffic accident, you need to demonstrate that the following occurred:
- Firstly, a road user owed you a duty of care.
- Secondly, this duty of care was breached.
- Finally, you experienced physical injuries or psychological harm as a result of the breach.
Together, these three points constitute negligence.
The Road Traffic Act 1988 sets out the duty of care road users owe one another. They must navigate the roads in a way that prevents themselves and others from becoming injured. Also, they must adhere to the rules laid out in the Highway Code. Additionally, Section 143 of the Road Traffic Act 1988 states that a person must not use a motor vehicle on the road or in another public place without insurance.
If you became injured in an accident with an uninsured driver and would like to find out whether you’re eligible to make a personal injury claim, please get in touch using the number above.
How Could You Suffer An Injury In A Car Accident?
Below, you can find examples of how a road traffic accident could occur and cause a subsequent injury:
- A driver may operate their vehicle whilst under the influence of drugs and alcohol. As a result, they crash into another car and cause you to sustain a head injury, arm injury and shoulder injury.
- A driver may fail to signal when exiting a roundabout causing a collision with another vehicle. As a result, both drivers sustain multiple injuries, including a neck injury, broken knee injury and fractured leg.
It’s important to note that not all accidents on the road are a result of road user negligence. As such, it’s not always possible to seek compensation for your injuries.
To discuss your specific case and find out when you could be eligible to pursue a claim for personal injury compensation after an accident with an uninsured driver, get in touch on the number above.
Compensation You Could Receive From An Uninsured Driver Claim
Following a successful claim, you will be awarded compensation to address the way your injuries affected you physically and psychologically, including the pain and suffering you experienced as a result. This is awarded under general damages.
When valuing this head of claim, solicitors can consult the Judicial College Guidelines (JCG) which contains a list of award brackets. The table contains some of these figures, but you should only use them as a guide. The value of each settlement is calculated based on the unique circumstances of your case. As such, the payout you could be awarded will differ to the figures listed below.
However, two entries come from the tariff in the Whiplash Injury Regulations 2021. The tariff figures are fixed amounts that will be used to calculate the value of your whiplash injuries as per the changes brought in by the Whiplash Reform Programme.
Guideline Award Brackets
| Injury Type | Severity And Award Bracket | Notes |
|---|---|---|
| Head | (b) Moderately Severe - £219,070 to £282,010 | The person will have a substantial dependence on others and the constant need for professional care. |
| Knee | (a) Severe (i) - £69,730 to £96,210 | Serious knee injury where there has been the disruption of the joint and other issues. |
| Foot | (e) Serious - £24,990 to £39,200 | Injuries that cause continuous pain from traumatic arthritis. |
| Pelvis | (b) Moderate (i) - £26,590 to £39,170 | Although a significant injury occurs, permanent disability is not major. |
| Neck | (b) Moderate (i) - £24,990 to £38,490 | Fractures or dislocations causing severe and immediate symptoms that may require a spinal fusion. |
| Back | (b) Moderate (i) - £27,760 to £38,780 | Compression and/or crush fractures to the lumbar vertebrae giving rise to a substantial risk of osteoarthritis and constant pain. |
| Ankle | (c) Moderate - £13,740 to £26,590 | Fractures and ligamentous tears causing less serious disabilities. These include difficulty standing for long periods or awkwardness on stairs. |
| Leg | (c) Less Serious (ii) - £9,110 to £14,080 | Cases of a simple fracture to the femur without damage to any articular surfaces. |
| Whiplash | One whiplash injury or multiple - £4,215 | Symptoms continue for 18-24 months. |
| Whiplash | One whiplash injury or multiple- £3,005 | Symptoms persist for 15-18 months. |
Special Damages In A Road Traffic Collision Claim
You could also be awarded a payout that comprises compensation for the financial losses you experienced as a result of your injuries. This is awarded under special damages and can cover the cost of:
- Loss of earnings
- Medical care, such as prescriptions
- Domestic help
- Travel, such as to and from doctor appointments
Evidence can help to support your claim for these losses. As such, you should keep a record of them via payslips, receipts, invoices and travel tickets.
To get a personalised estimate of the compensation you could be awarded following a successful claim, please contact an advisor on the number above.
What Evidence Could Help Support MIB Claims For An Accident With An Uninsured Driver?
When making a claim for injuries sustained in an accident with an uninsured driver, you will need to provide evidence of negligence. Examples of the evidence you could provide include:
- Dashcam footage of the accident.
- Copies of medical records, such as doctor’s reports and X-rays, or proof of prescribed medication.
- Photographs of your injuries and the accident scene.
- The contact details of witnesses who can provide a witness statement.
- A copy of the police report.
A solicitor from our panel could help you understand the evidence needed for a personal injury claim made through the MIB. Additionally, they can assist you with building your case and helping you through the different stages of the claims process.
To find out more about the services they offer and whether you could be eligible to have them represent your case, speak with an advisor by calling the number above.
Use Our Panel Of No Win No Fee Road Traffic Accident Solicitors To Claim Compensation
Our panel of personal injury solicitors offer their services in a No Win No Fee capacity. They may offer you a Conditional Fee Agreement (CFA) which is a type of contract that allows you access to your solicitor’s services without having to pay for them upfront, as your claim proceeds, or if your claim fails.
Furthermore, if a claim is successful, it means that a small amount is deducted from your compensation as a success fee. This is subject to a legal cap, however, ensuring that you keep the majority of your payout.
To find out more about working with a solicitor from our panel on this basis, please get in touch with an advisor. After carrying out an assessment of your claim, they may connect you with a solicitor to begin working on your case.
Alternatively, they can provide free advice and answer any questions you may have about claiming through the MIB. To get in touch, you can:
- Call us on 0113 460 1216
- Enquire about making a claim via the contact form
- Discuss your case with an advisor via the live chat function below.
Learn More About The MIB Claim Process
Below, we have provided links to more of our guides:
- I was hit by a car while on my bike – Can I claim?
- Fatal car accident claims guide
- Car injury claim payouts guide
Additionally, you can find more helpful resources below:
- Think! – Advice for road users
- NHS – How to get your medical records
- GOV – Road accidents and safety statistics
Thank you for reading this guide on the process of making a personal injury claim after an accident with an uninsured driver. If you have any other questions, please contact an advisor using the details provided above.
Writer Jeff Wallow
Editor Meg McConnell